EPA v. SOUTH BAY ASBESTOS - ALVISO SITE

Case summary

THE SOUTH BAY ASBESTOS AREA SUPERFUND SITE, ADJACENT TO THE SAN FRANCISCO BAY, ENCOMPASSES THE COMMUNITY OF ALVISO WHICH IS PART OF THE CITY OF SAN JOSE, CALIFORNIA. DURING A MAJOR FLOOD IN MARCH 1983, THE CITY OF SAN JOSE CONSTRUCTED A RING LEVEE TO THE EAST, NORTH, AND NORTHWEST OF ALVISO, AS AN EMERGENCY MEASURE TO DIVERT FLOOD WATERS FROM THE COMMUNITY. THE LEVEE, CONSTRUCTED WITH SERPENTINE SOIL AND ROCK FROM A QUARRY OWNED BY A.J. RAISCH COMPANY, WAS LATER FOUND TO CONTAIN UP TO 40% ASBESTOS. IN ADDITION, LOW LEVELS OF ASBESTOS ARE PRESENT IN THE SOIL THROUGHOUT ALVISO, APPARENTLY AS THE RESULT OF BOTH THE LONG-TERM PRACTICE AMONG ALVISO RESIDENTS OF USING FILL MATERIAL WHICH MAY HAVE CONTAINED ASBESTOS TO RAISE LOW-LYING PROPERTY IN THE TOWN, AND THE ALLEGED DISPOSAL OF WASTE ASBESTOS PIPE AND OTHER ASBESTOS MANUFACTURING WASTES AT LOCATIONS THROUGHOUT THE AREA. THE SITE WAS PROPOSED FOR THE NPL IN OCTOBER 1984, AND ADDED TO THE NPL IN JUNE 1986. EPA COMPLETED AN OPERABLE UNIT FEASIBILITY STUDY FOR THE RING LEVEE IN APRIL 1988, AND SIGNED A RECORD OF DECISION (ROD) FOR THE RING LEVEE IN SEPTEMBER 1988. EPA COMPLETED THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY FOR THE OVERALL SITE IN FEBRUARY 1989, AND SIGNED A ROD FOR THE OVERALL SITE IN SEPTEMBER 1989. A CONSENT DECREE FOR THE RING LEVEE OPERABLE UNIT HAS BEEN SIGNED BY THE CITY, RAISCH, AND EPA REGION IX, AND WAS REFERRED TO EPA HEADQUARTERS ON SEPTEMBER 4, 1990. THE DECREE IS A MULTIMEDIA SETTLEMENT UNDER BOTH CERCLA AND CWA, AND INVOLVES THE ARMY CORPS OF ENGINEERS (THE LEAD ENFORCEMENT AGENCY FOR THE CWA SEC. 404 VIOLATION) AND THE U.S. FISH AND WILDLIFE SERVICE OF THE DEPARTMENT OF INTERIOR (THE NATURAL RESOURCES TRUSTEE) AS WELL AS EPA. THE DECREE REQUIRES THE CITY AND RAISCH TO REMOVE THE LEVEE AND DISPOSE OF THE LEVEE MATERIAL OFFSITE; IN ADDITION, THE CITY WILL RESTORE WETLANDS BURIED UNDER THE LEVEE, AND WILL CREATE OR ENHANCE ADDITIONAL WETLANDS AREAS IN SETTLEMENT OF A CERCLA COST RECOVERY CONSENT DECREE THAT ALSO CONTAINS A DE MINIMIS SETTLEMENT WITH RESPECT TO THE CITY'S AND RAISCH'S LIABILITY FOR THREE SPECIFIC AREAS OF THE OVERALL SOUTH BAY ASBESTOS AREA SITE IN THE CITY OF ALVISO.

Defendants (2)

• A. J. RAISCH PAVING COMPANYNamed in complaintNamed in settlement
• SAN JOSE, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• SOUTH BAY ASBESTOS AREA

  FT OF LIBERTY ST GUADALUPE RIV, ALVISO, CA, 95002

  Registry ID: 110009329173

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CERCLA 122 — Superfund
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SAN JOSE, CITY OFentered 1991-10-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-09-04Enforcement Action Data Entered
• 1990-09-04Referred To Headquarters
• 1991-02-06Referred To Dept Of Justice
• 1991-06-07Complaint Filed With Court
• 1991-10-28Final Order Lodged
• 1991-10-28Final Order Entered
• 1991-10-28Concluded